The debate around the Shor-funded protests in Chișinău – comments from Promo-LEX and the Presidency
The latest statement comes from the Promo-LEX Association, through which they „condemn the violation of the right to freedom of assembly admitted by the public authorities on the evening of 16 October 2022”, referring to the forceful dispersion of the tents put up by protesters not just on the main boulevard in Chișinău, but on the pavement too. The statements call on the authorities „to act in strict compliance with the law and international human rights standards when managing public gatherings”, adding that the removal of the tents from the pavement was disproportionate and abusive, especially in the case of those tents „erected as part of a peaceful protest, which did not block the movement of pedestrians or access routes to public buildings”.
Previously, after the representatives of Promo-LEX Association expressed concern about the intention of the President of Moldova, Maia Sandu, to amend the legislation to facilitate the intervention of the security forces at meetings, the Presidential Administration in Chisinau came up with more clarifications.
“President Maia Sandu’s request referred strictly to meetings where public order is seriously violated and where neither the organisers nor the local public authorities, responsible for managing the event, fulfil their obligations to stop it (Article 21(2) of the Law on Meetings)”, said Sorina Ștefîrță, spokeswoman for the President of the Republic of Moldova. “(…) The interventions in question, if approved, will in no case restrict the right of citizens to assembly and protest”, Ms Ștefîrță stressed.
On Wednesday, 12 October, Promo-LEX Association expressed concern about President Maia Sandu’s intention to amend the legislation to facilitate the intervention of the police forces at meetings. According to Promo-LEX, “law enforcement agencies already have all the necessary legal levers” to intervene in situations that endanger public order, and “changing the legislation according to the current situation is a harmful practice and represents a dangerous precedent for a democracy based on the rule of law”.
“Moldova’s law on assemblies is one of the best laws in the region, providing a favourable framework for the exercise of freedom of assembly. Amending the legislation is not appropriate and cannot be caused by an alleged conflict between local public administration and law enforcement. The police already have all the necessary legal procedures and levers to intervene in situations that endanger public order, life and health. Changing the law according to the current conjuncture is a harmful practice and represents a dangerous precedent for a democracy based on the rule of law”, says Promo-LEX.
On 11 October, President Maia Sandu announced that she had asked the government to consider temporarily amending legislation that would allow the police to ensure public order even at a time when “some actors in the local administration are sabotaging the government’s efforts to maintain stability and order in the country”.
Promo-LEX’s position on President Maia Sandu’s intention to facilitate the intervention of police forces at meetings: “Changing the legislation according to the current conjuncture is a harmful practice”